France is one step closer to recognizing abortion as a constitutional right.

23.02.2023

Women’s Rights Researcher, 

Global Human Rights Defence.

On February 1, 2023, France took a new step towards strengthening the right to abortion. With 166 votes for and 152 against, the Senate voted in favour of adding such right to the French constitution. (Radio France international, 2023) This move is part of a lengthy legislative process (Euronews, 2022), which, if accepted, would lead France to become the first country in the world to make abortion a constitutional right. (Radio France international, 2023)

Abortion is decriminalized in France since 1975, however with no constitutional guarantee. (Euronews, 2022) From the year 2022, it is noted that the State has been taking steps in order to amplify abortion rights. In February 2022, the parliament voted to extend access to abortion from 12 to 14 weeks. (Kirby, 2022) In November, lawmakers in the National Assembly took the first step to include abortion rights in France’s constitution, through a clause guaranteeing “the effectiveness and equal access to the right to end pregnancy voluntarily” (Kirby, 2022), with 337 votes in favour and 32 against. (Euronews, 2022)

These modifications are inspired by the recent developments in the United States, evidencing the necessity for a change. (Kirby, 2022) In June 2022, the US Supreme Court overruled the 1973 case Roe v. Wade, declaring the lack of a constitutional right to abortion. (Totenberg & McCammon, 2022) As such, adding the right to abortion in the constitution would provide it with greater protection, and make it more difficult to be overturned. (France 24, 2022) It is suggested that the French population, in general, supports this amendment, with more than 80% of voters behind it. (Kirby, 2022)

Following the approval in the National assembly, the proposal had to be approved by the Senate. There was uncertainty regarding how the Senate would vote, as its majority is represented by right-wing Republicans, and have rejected a similar proposal in September 2022. (Euronews, 2022) In addition, they argue that abortion rights are not under threat, which makes it unnecessary to change the constitution. On the other hand, the left-wing supports the change based on the protection against the “backsliding” that occurred in the US and Poland. (Kirby, 2022)

Despite such doubts, on February 1 the clause for the inclusion of abortion rights in the constitution of France passed with a majority vote. (France 24, 2022) On the Senate, the Bill was rewritten by Republican Senator Philippe Bas. Firstly, the text aimed at the amendment of Article 66, which guarantees individual freedoms, to include the “right to voluntarily end a pregnancy”. In the Senate, the text was rewritten to be an amendment to Article 34, which guarantees fundamental public rights, using the term “freedom for a woman to end her pregnancy”. These changes are relevant as it is noted that, with the original text, it would not have passed the Senate. As such, the amendment text was approved, with 166 votes for and 152 against. (Radio France international, 2023)

The vote in the Senate allowed the process to continue, however, the path to achieving the amendment is long. For the text to pass, both houses must agree on the text. Accordingly, the proposal is now being sent back to the National Assembly for approval. Furthermore, it will be put to a referendum, and afterward would become part of the constitution. If the text passes, France would become the first country in the world to recognize abortion as a constitutional right. (Radio France international, 2023)

Sources and further reading:

Bauer-Babef, C. (2023, January 17). France set to enshrine abortion in Constitution. Euractiv. Retrieved February 22, 2023, from https://www.euractiv.com/section/politics/news/france-set-to-enshrine-abortion-in-constitution/ 

Euronews. (2022, November 24). Abortion rights: French parliament votes to include right in constitution. Retrieved February 22, 2023, from https://www.euronews.com/embed/2133148 

France 24. (2022, November 24). French lawmakers approve bill enshrining abortion rights in the constitution. Retrieved February 22, 2023, from https://f24.my/941N 

Kampfner, C. (2023, January 31). Senators to vote on enshrining right to abortion in France. The Times. Retrieved February 22, 2023, from https://www.thetimes.co.uk/article/senators-to-vote-on-enshrining-right-to-abortion-in-france-pps6pnf5g 

Kirby, P. (2022, November 25). French vote for right to abortion in constitution. BBC News. Retrieved February 22, 2023, from https://www.bbc.com/news/world-europe-63754796 

Margolis, H. (2022, March 1). France Expands Abortion Access in Two Key Moves. Human Rights Watch. Retrieved February 22, 2023, from https://www.hrw.org/news/2022/03/01/france-expands-abortion-access-two-key-moves

Perelman, M. (2023, February 2). French Senate in favour of including "freedom" to have an abortion in the Constitution [Video]. France 24. Retrieved February 22, 2023, from https://f24.my/9Dy6 

Radio France internationale. (2023, February 2). France a step closer to adding abortion rights to constitution. Retrieved February 22, 2023, from https://www.rfi.fr/en/france/20230202-france-moves-closer-to-adding-abortion-rights-in-constitution-after-senate-approves-text

Totenberg, N., & McCammon, S. (2022, June 24). Supreme Court overturns Roe v. Wade, ending right to abortion upheld for decades. NPR. Retrieved February 22, 2023, from https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn